Hamstersoft terms of use

INTRODUCTION

HamsterSoft ("HamsterSoft") makes this website (the "Site"), including all information, documents, text, directories, data, icons, communications, files, photos, video, graphics, music, sound, software, and services available through the Site (collectively, the "Content") available for your use subject to the terms and conditions set forth in this document and any changes to this document that HamsterSoft may publish from time to time (collectively, the "Terms of Use").

ACCEPTANCE OF TERMS THROUGH USE

By accessing or using this Site in any way, including, without limitation, using or downloading any Content, or merely browsing the Site, you agree to and are bound by the Terms of Use. If you do not agree to these Terms of Use please do not use this Site. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates, and any Content downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed. We reserve the right, at our discretion, to update or revise these Terms of Use. Please check the Terms of Use periodically for changes. Your continued use of this Site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

PROPRIETARY RIGHTS

You acknowledge and agree that all Content available on this Site is protected by copyright, trademark, patent, trade secret, and other proprietary rights and laws. For example, HamsterSoft owns a copyright in the selection, organization, arrangement and enhancement of the Content, as well as in the Content original to itself. Third parties whose Content appears on the Site own the copyright in the Content original to them.

TRADEMARK NOTES

Apple, Mac, iTunes, Mac OS, iPod, iPod classic, iPod nano, iPod shuffle, iPod touch, iPhone and Apple TV are trademarks of Apple Inc, registered in the U.S. and other countries. The Mac Logo and the Universal Logo are trademarks of Apple Inc., registered in the U.S. and other countries, used under license. PlayStation, and PSP (PlayStation Portable) are registered trademarks of Sony Computer Entertainment Inc. The trademarks BlackBerry, BlackBerry Pearl, BlackBerry Curve, BlackBerry Bold, BlackBerry Storm, BlackBerry Pearl Flip are owned by Research In Motion Limited and are registered in the United States and may be pending or registered in other countries. Zune is a trademark of Microsoft Corporation. Creative and Zen are trademarks or registered trademarks of Creative Technology Ltd in the United States and/or other countries. Archos is a registered trademark of Archos Corporation. Epson is a registered trademark of Seiko Epson Corporation. Iriver is a registered trademark of ReignCom Ltd. Samsung is a trademark of Samsung in the United States or other countries. Transcend is a registered trademark of 3Com Corporation.

USE OF THIS WEBSITE

This Site and its Content are provided for your personal informational and entertainment use only and may only be used for lawful purposes. By using this Site, you agree not to modify, reverse engineer, edit, or create derivative works based on the Site or its Content, except as expressly authorized herein. You freely may republish, display, frame, download, transmit, rent, loan, sell, distribute Content.
You may not post on or transmit through any community, upload or download areas of the Site any Content that (i) violates or infringes in any way upon the rights of others, including without limitation copyrights and trademarks, (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, (iii) encourages conduct that would constitute a criminal offense, (iv) gives rise to civil liability or (v) otherwise violates any law. You are responsible for determining whether posting or transmitting any particular Content violates any of the provisions above or any laws. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from any Content you upload, post or submit. You also may not undertake any conduct that, in the judgment of HamsterSoft, restricts or inhibits any other user from using or enjoying the Site, including without limitation, the community areas.

You may not harvest or collect information, including email addresses, user names, or other contact information about Site users, for the purpose of sending unsolicited bulk e-mail or instant messages.

The use of some of the features and all of the software available on this Site is governed by separate terms of use and/or licenses. You are not authorized to use such features or software unless you agree to abide by the applicable terms/license.

As a HamsterSoft customer your agree to receive the information about updates and new products from HamsterSoft company.

By downloading any software from this website, HamsterSoft reserves the right to request information from you.

MONITORING

HamsterSoft has the right, but not the obligation, to monitor the Content of the Site, including without limitation the download areas, to determine compliance with the Terms of Use and any other operating rules that may be established by HamsterSoft from time to time. HamsterSoft has the right in its sole discretion to edit, refuse to post or remove any Content submitted to or posted on the Site. Without limiting the foregoing, HamsterSoft has the right, but not the obligation, to remove any Content that it, in its sole discretion, finds to be in violation of the provisions of these Terms of Use, otherwise objectionable, or stale. Users shall remain solely responsible for the Content they post or submit. You acknowledge and agree that HamsterSoft shall not assume or have any liability for any action or inaction with respect to any conduct within the community areas or any communication or posting in the community areas.

THIRD PARTY SITES, SOFTWARE, AND CONTENT

This site may produce automated search results, directory links, or otherwise link you to other locations available through the Internet. These locations may contain or broadcast information or material that some people may find inappropriate, offensive or otherwise objectionable. These other locations are not under the control of HamsterSoft, and you acknowledge that HamsterSoft is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of or broadcasts from such locations. This Site also may make third party software or other materials available for download. HamsterSoft does not create, endorse, or sponsor such third party materials, and if you download any such third-party materials that we index or support, you do so completely at your own risk. If you plan to download any software or other materials, please be sure to read the copyright and licensing information first.

THE SITE AND THE CONTENT ARE PROVIDED WITH ALL FAULTS ON AN "AS IS" AND "AS AVAILABLE" BASIS. HamsterSoft, ITS LICENSORS AND OTHER SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES THAT THE SITE AND CONTENT ARE FREE OF DEFECTS, VIRUS FREE, AND ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THEY WILL MEET YOUR REQUIREMENTS, OR THAT ERRORS WILL BE CORRECTED, AND THE IMPLIED WARRANTIES THAT THE SITE AND CONTENT ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING, UNLESS SUCH IMPLIED WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. YOUR USE OF THIS SITE IS SOLELY AT YOUR OWN RISK.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL HamsterSoft, AFFILIATES, DIRECTORS, EMPLOYEES, DISTRIBUTORS, SUPPLIERS, AGENTS OR RESELLERSBE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE AND ITS CONTENT. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF HamsterSoft HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE HamsterSoft GROUP'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL THE HamsterSoft GROUP BE HELD RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED TO YOU IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY EXTERNAL SITES LINKED FROM THE SITE.

INDEMNIFICATION

Upon a request by HamsterSoft, you agree to defend, indemnify, and hold harmless HamsterSoft and its parent and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your misuse of this Site in a manner not in strict conformance with these Terms of Use. HamsterSoft reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with HamsterSoft in asserting any available defenses.

INTERNATIONAL USE

HamsterSoft makes no representation that Content on this Site is appropriate or available for use in locations outside the United States, and accessing it from territories where the Content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.

SEVERABILITY AND INTEGRATION

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and HamsterSoft with respect to this Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and HamsterSoft with respect to this Site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

TERMINATION

HamsterSoft reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without notice.

CONTACTS

For help with the HamsterSoft software, go to support To request permission to use HamsterSoft owned materials on this Site, send email to: support@hamstersoft.com